Thursday, Feb. 4, 2021
Volume 156 No. 4 SERVING SAN JOSE STATE UNIVERSITY SINCE 1934
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ILLUSTRATION BY HANZ PACHECO
SJSU faculty left unheard
Professors claim grievance process is unjust By Christian Trujano SENIOR STAFF WRITER
W
hen San Jose State music professor Gwendolyn Mok was removed from her position as coordinator of keyboard area for reasons she said are unjust, the ones who were most affected, she said, were her students. After filing a grievance and attending an 11-hour-long level 2 statutory hearing to get her position back, she said she’s now left feeling alone in a fight against the university, something she said many faculty members at SJSU experience. “I sometimes get the feeling that this university treats the faculty like secondclass citizens,” Mok said over the phone. “The students are, of course, very important to us . . . but this is not like a corporation where there are clients. We are the faculty, we’re the ones who define each of these different departments and you have a lot of talented faculty on this campus.” Mok’s Oct. 29, 2020 hearing is one of two recent cases that sparked concerns regarding the faculty grievance process. The second case involved justice studies associate professor Sang Kil’s Nov. 23 grievance hearing where she was denied promotion to full professor in the 2019-20 academic year. Kil was one of seven women of color who were denied tenure or promotion during the 2018-19 Retention, Tenure and Promotion process. Mok, who is a tenured full professor, said she feels faculty members are being silenced. “I am outraged. I am furious, I am incredibly gutted,” she said. “I’m really concerned now, also, for the other faculty who want to file a grievance and need to be heard and will not be heard in a fair environment.”
The grievance process Faculty grievances are defined by the California Faculty Association as allegations made by employees stating they were wronged when it comes to their
job classification benefits, working conditions, appointment, reappointment, tenure, promotion or reassignment. After filing, the grievant must go through four levels of hearings, according to a CFA grievance flowchart. Grievants can choose between a statutory process, that would take place on campus, or a contractual process that would take place off campus. The first level of meetings determine whether the grievance has a case or not. This is where the grievant fully presents their case with all their arguments and if they cannot resolve the matter, then they will receive a denial response. Mok and Kil both chose a statutory process and both cases were rejected in the level one meeting. The second level gives rejected grievants like Mok and Kil a chance to appeal their cases to a Faculty Hearing Committee. This committee is composed of three impartial faculty members serving as a jury to give recommendations for a course of action. A key component to the process is the approval of SJSU President Mary Papazian, who has the final say in any grievance hearing. After both Mok and Kil made their cases at the second level of hearings Papazian rejected their grievances, despite unanimous support from each of the different hearing committees. “Of course as the president you have that legal right to do that because you are the president,” Mok said in regards to Papazian having the final decision in matters such as grievances. “But what kind of respect does that show you, as a president towards your own faculty? It doesn’t show a lot of respect to the faculty.” If faculty members get rejected by the president, they can still choose to appeal and take the case to arbitration where a final decision will be made. Arbitration is another form of alternative dispute resolution similar to a court hearing. Mok said she’s planning to take her case to arbitration and Kil recently finished filing her paperwork to proceed as well. GRIEVANCES | Page 2
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NEWS
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THURSDAY, FEB. 4, 2021
Statutory Grievance Hearing Procedure Grievant presents case. Administrator can choose to deny grievance if there is no resolution.
Level 1 meeting
Appeal?
Committee made up of three impartial faculty members hear both sides and make recommendations just like a jury.
Faculty Hearing Committee
After reviewing all the evidence, SJSU President Mary Papazian makes her final decision.
Appeal?
President’s decision
If grievant appeals the president’s decision, the grievance moves to arbitration which is handled by the CSU.
Appeal?
Arbitration/End
SOURCE: CALIFORNIA FACULTY ASSOCIATION GRIEVANCE FLOWCHART; COLLECTIVE BARGAINING AGREEMENT; INFOGRAPHIC BY CHRISTIAN TRUJANO
GRIEVANCES Continued from page 1 Kenneth Mashinchi, senior director of media relations, stated in a Feb. 3 email that the university declined to comment on specific grievance cases.
Mok’s grievance hearing Mok said she was removed from the coordinator of keyboard area position unfairly because the university failed to uphold her appointment letter. Appointment letters are official documents that confirm an organization appointed a person for a specific position and includes what the position encompasses. Mok said it was agreed she was going to be keyboard coordinator when she first got her letter in 2006. “We [faculty] see [appointment letters] as a contract or a promise to say, ‘When we hire you, you’re going to coordinate this particular area,’ ” Mok said. “Anything that comes up in your appointment letter is seen as a promise. It’s like a contract to the faculty that they are offering the job to.” The School of Music and Dance hired Mok in 2006 to teach studio piano, graduate seminars, advise and retain students and more, but she said she was specifically hired as keyboard coordinator. Mok’s assertions were confirmed by the grievance decision letter from Papazian that stated Mok was hired for that position. Mok said the keyboard coordinator is responsible for recruiting and mentoring students in the program. However, Papazian stated in the decision letter that at “any given time, the composition of [Mok’s] duties and assignments can change” but her main assignment of focusing on piano at the School of Music and Dance has not changed. Kenneth Peter, chair of the Professional Standards Committee, said in a Jan. 4 email statement that if SJSU rescinds promises it makes in appointment letters, then desirable faculty recruits may be discouraged from accepting job offers from SJSU. “I testified on behalf of Professor Mok because I wished to defend a principle that is vital to the University’s ability to attract excellent faculty: the University should keep the written promises it makes to faculty when it hires them,” Peter said. “[The university] made such a promise to Professor Mok when it hired her to be the Coordinator of Keyboard [Area], and then broke this promise when it removed her from this position without her consent.” He added that dismissing appointment letters can have a damaging impact on the university beyond Mok’s case. However, according to Mok’s 18-page-long Faculty Hearing Committee decision letter, Senior Associate Vice President Joanne Wright argued during the hearing that Mok’s academic assignment wasn’t changed, only her voluntary work as coordinator. The coordinator position is not a paid position, but Mok said it’s not just service work such as serving on a SJSU committee like the Academic Senate which isn’t paid work either. She said the responsibilities as keyboard coordinator are vast, but it’s work she enjoys doing and work she was hired to do. But why was she removed in the first place? According to a letter to the SJSU campus community from professor emeritus Chris Jochim, it was in response to multiple serious mistakes in handling the admission application of a transfer applicant referred to as Jane Doe. Doe applied for admission as a transfer student in November 2019 and was granted provisional admission to SJSU in December 2019. Mok said because competition with other universities is high, she sent Doe an email offering her a scholarship, which Mok explained is standard recruiting procedure for coordinators such as herself. During Mok’s hearing, Wright said that Mok exposed the university to a possible lawsuit by offering Doe a $5,000 scholarship for committing to SJSU when the student wasn’t technically admitted. According to Mok’s Faculty Hearing Committee decision letter, Doe’s transcript was from an unaccredited two-year college so SJSU had to reject the student’s provisional admission. Mok said she wasn’t responsible and the issue was a lack of communication between the admissions office and
her department. “The Faculty Hearing Committee found [Mok] not at fault for the treatment of this applicant,” Jochim stated in his letter to the community. “Why was [Mok] removed as Coordinator of Keyboard Studies, while other SJSU employees were not held accountable?” Jochim stated in his letter to the campus community that it’s important to the admissions office and Mok’s department accountable for mishandling the transfer admission application of the applicant known as Jane Doe. Mok’s email to Jane Doe was the main reason why Shannon Miller, dean of the College of the Humanities and the Arts, said SJSU was exposed to legal issues because Doe wasn’t technically a student and she was offered a scholarship, according to Papazian’s final decision letter. Papazian said Mok’s removal from her position is justified because Miller is a dean with the university and is entrusted to make such decisions. But the Faculty Hearing Committee determined Miller should have sought legal advice in making the decision.“[Miller] is not in any position to have made that determination and should have done her due diligence and contacted the CSU Office of General Counsel,” according to the Faculty Hearing Committee notes from Mok’s hearing. When asked about this matter, Hazel Kelly, public affairs manager at the California State University (CSU) chancellor’s office said the Office of General Counsel couldn’t comment “either due to a lack of direct knowledge of the incident or matters being covered by attorney-client privilege.”
Apparently there is no desire on the part of administration to carry out such a collegial process, sit down with the faculty and try to resolve everything. They immediately turn to a disciplinary approach. Nikos Mourtos
SJSU California Faculty Association union president
However, Jochim said that even if Miller did not seek legal counsel, she should have followed the appropriate procedures when addressing the problem by sitting down with Mok to discuss removing her from the position. According to the Collective Bargaining Agreement Article 20.2 a, there must be consultation with a professor and/or the department to change one’s duties or responsibilities. A Collective Bargaining Agreement (CBA) is a legal contract between an employer and a union that represents employees. Mok said Dean Miller never consulted with her about this change in her duties.
Kil’s grievance hearing Justice studies professor Sang Kil’s case arose after she was denied promotion to full professor, which she said is unjust because the university didn’t evaluate her work holistically. According to the November 2020 Campus Climate Survey results, 25% of faculty and staff respondents indicated they had observed promotion, tenure, reappointment and reclassification practices at SJSU to be unjust. While faculty respondents expressed similar concerns about bias in tenure denials, one respondent said promotion doesn’t exist for faculty of color. “In my department, the only people that have been promoted are those who are the administrator’s favorites or white people, never anyone of color,” the comment stated. During her hearing, Kil said she initially expressed concern to the hearing committee over the former chair of the justice studies department, James Lee, being involved in her promotion evaluation after hearing allegations and complaints against Lee for disability discrimination. She said the conflict-of-interest policy set by the Retention, Tenure and Promotion (RTP) committee does not protect anyone. In her opening statement during her hearing, Kil described a “hostile departmental climate” within the
Department of Justice Studies and said she has been a victim of “whistleblowing retaliation.” Kil pointed out problems in how her Student Opinion of Teaching Effectiveness surveys (SOTEs) were handled in her RTP process. She said the university RTP committee, the provost and university president “all failed to provide a holistic evaluation of [her]my teaching effectiveness.” She said her SOTEs were “actually very good” with an average of 4.1 out of 5 rating. She said that negative student evaluations from a single academic year were “cherry picked” and used as the sole basis for evaluating her teaching. According to the Rate My Professors website, Kil has a 4.3 based on 121 ratings. Akin to Mok’s case, Papazian stated in her final decision there was no evidence that members of the RTP Committee failed to conduct an objective evaluation of Kil’s dossier after the Faculty Hearing Committee unanimously voted in Kil’s favor. However, Wright argued during Kil’s grievance hearing that according to Article 10 of the CBA, it is not the job of the Faculty Hearing Committee to use their own judgment to determine whether or not Kil deserves promotion to full professor. “Promotion to professor requires a continuing pattern of good teaching and, normally, increasing effectiveness in the other aspects of academic assignment [such as] significant contributions to university collegial governance or other appropriate service,” Wright said during the hearing. Mashinchi stated in the email that SJSU fully complies with the agreed upon CBA between the California Faculty Association (CFA) and the CSU system, which includes the grievance process. Mashinchi said the current contract expires Jun. 30 and negotiations for a successor CBA are underway between the CFA and CSU, discussing urgent proposals on both sides.
Issues with grievance process With both Mok and Kil’s Faculty Hearing Committee recommendations being rejected, their cases have bigger implications on the effectiveness of the grievance process and whether faculty members will be heard or not. Nikos Mourtos, SJSU’s CFA union president, said in a Zoom meeting that 34 faculty members filed grievances last year, which he said was almost a record high. Mourtos said the fact that a large number of faculty members went to level two hearings speaks volumes about the fact that they are not able to resolve these grievances through a “collegial process.” “Apparently there is no desire on the part of administration to carry out such a collegial process, sit down with the faculty and try to resolve everything,” Mourtos said. “They immediately turn to a disciplinary approach.” Mourtos said he doesn’t think there is a problem with the grievance process, he’s mainly disappointed with President Papazian and her decision to go against the Faculty Hearing Committee recommendations in both cases. Jochim said he feels SJSU’s administration is creating an environment where faculty members know they can’t win in these grievance cases. “The strategy now is if a faculty member complains about something, [the university] figure[s] out a way to shut them down,” he said. However, Jochim and Mourtos agreed the demographic most affected by all of this are the students. Mok said there was no attempt by her department or the college to facilitate a resolution even though she’s the only tenure track, full-time professor with experience and expertise in keyboarding. Mok said the current person filling in as keyboard coordinator is a composer coordinator and not a keyboard player. She said because keyboards aren’t his focus, he won’t be able to best serve the students. “I am ready to sit down with any administrator with the spirit of finding a solution that will help the students . . . the university in general and the faculty member involved as well,” Mourtos said. “It’s just a matter of whether the SJSU administration can master the same attitude and be willing to sit down and talk to us.”
Follow Christian on Twitter @ChristianTruja2
OPINION
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THURSDAY, FEB. 4, 2021
3
Discord provides online student community Jamie Bennett STAFF WRITER
Attending college during the coronavirus pandemic has discouraged many students, especially incoming freshmen and transfer students, from making friends and joining on-campus communities at San Jose State. Luckily, some techsavvy students have utilized various online chat platforms including Discord to rebuild campus social life lost because of remote learning. The use of official and independent school Discord servers should be permitted by instructors because it helps rebuild social connections with peers lost during the pandemic. Originally designed as a space for gamers to chat, Discord servers have allowed students to create study groups independently from their online classroom. A group of students from Baltimore, Maryland formed three teams that were tasked with finding solutions for peers to cope with mental health issues during the pandemic, according to a Feb 1, article from the technology news organization Technical.ly. One of the teams, Team Connect, used Discord
as a tool for students to connect with their peers. The group found Discord more reliable and accessible than Zoom. “The ability to create a server for Baltimore public school, a classroom, or a club would allow for easier communication and engagement among students, staving off social isolation.� according to the article. Without these groups, the only time students can interact with each other is during Zoom breakout rooms. These usually last from 10-15 minutes per class session and aren’t enough time to build friendships or connections with classmates. But on Discord, students can communicate outside of class with instant messaging, voice calls and video calls. Instructors should look into using Discord to build student engagement because servers are accessible and easy to moderate. If implemented, instructors could take advantage of Discord’s functions as a hub for giving individual feedback or as a platform to communicate with students.
Yes 62.5%
No 37.5%
No 27.4%
Yes 77.5%
Have you used Discord for your classes?
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Originally designed as a space for gamers to chat, Discord servers have allowed some students to create study groups independently from their online classroom. “In terms of moderation outside of designated individuals, there are scripts and bots that can be programmed into the server that can filter out inappropriate content,� the members of Team Connect said. While Discord is a good way for students to interact with peers, many instructors worry about how easy it is for the
CLASSIFIEDS CROSSWORD PUZZLE
groups to enable students to cheat. “I am hearing from colleagues not only across the country but across the world that academic misconduct has surged during the winter 2020 term,� University of Calgary Assistant Professor Sarah Elaine Eaton said in a June 2020 CBC news article. An anonymous student
source revealed in a May 2020 Teen Vogue article that 40 students used a private Discord group to work together on an AP calculus and AP physics exam without proctor knowledge. “There are many servers that enable collaboration between students to solve whatever test version they have been given on a specific test day for a specific exam,� the student said. “Other servers are more straightforward and just post solutions to the problems a couple of minutes before the test window ends.� But Discord is not at fault for students creating groups to cheat because it is an inevitable side effect of online instruction. With or without Discord, students will find other platforms to cheat. Not allowing students
SUDOKU PUZZLE Complete the grid so that every row, column and 3x3 box contains every digit from 1 to 9 inclusively.
to use Discord as a tool will only stifle student engagement. On its homepage, Discord posted a message of inclusion with the goal of creating a safe space for those looking for a community. “Whether you’re part of a school club, gaming group, worldwide art community, or just a handful of friends that want to spend time together, Discord makes it easy to talk every day and hang out more often.� In these trying times, Discord can help SJSU students find the Spartan community that’s been lost during the pandemic.
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JOKIN’ AROUND Why do moon rocks taste better than earth rocks?
Because they’re meteor.
SOLUTIONS SOLUTIONS
ACROSS 1. Contributes 5. Small amount 10. Counterfoil 14. Farm building 15. Serf 16. Prong 17. Decorative case 18. Designed to be filled with air 20. Dawdler 22. Artist’s workroom 23. Obtain 24. Interprets written material 25. The distribution of forces 32. Extraterrestrial 33. Love intensely 34. Not bottom 37. Applications 38. Hot 39. Overhang 40. What we sleep on 41. S-shaped moldings 42. Master of ceremonies 43. Belongings 45. Something of value 49. Children’s game 50. Endurance
53. Griever 57. Chopper 59. Relating to aircraft 60. At one time (archaic) 61. Earthquake 62. Badgers 63. Oceans 64. An analytic literary composition 65. “Iliad� city DOWN 1. Cain’s brother 2. Information 3. Medication 4. Catches eels 5. 30 6. Cleave 7. Alien Life Form 8. Soft drink 9. French for “State� 10. Not fresh 11. Leg bone 12. Lacking leadership 13. Ales 19. Brusque 21. Many millennia 25. Apply
26. If not 27. Multicolored 28. Flowing tresses 29. Borders 30. Like the Vikings 31. Attempt 34. Meal in a shell 35. Baking appliance 36. P P P P 38. Since 39. Emigree 41. Sight-related 42. Brother of Jacob 44. Tempestuous 45. Fire residues 46. Cubic meter 47. Chip dip 48. Gives forth 51. Schnozzola 52. Mimics 53. Plateau 54. Close 55. Therefore 56. Optimistic 58. It is (poetic)
2/3/2021
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4
SPORTS
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THURSDAY, FEB. 4, 2021
VOLLEYBALL SEASON PREVIEW
PHOTO COURTESY OF SJSU ATHLETICS
San Jose State middle blocker Ryann Thomison (15) spikes the ball as setter Mamie Garard (2) prepares to to defend. Both players are returning for the Spartans this season.
Spartans start COVID-delayed season 2019 SEASON BY THE NUMBERS Overall Record: 10-19 Conference Record: 5-13 Conference Finish: 9th place
AWAY SCHEDULE Feb. 12 SJSU at Air Force 5 p.m. Feb. 13 SJSU at Air Force 5 p.m. Feb. 16 SJSU at Fresno 6 p.m. Feb. 17 SJSU at Fresno 6 p.m. March 19 SJSU at UNLV TBA March 20 SJSU at UNLV TBA April 1 SJSU at Utah State TBA April 3 SJSU at Wyoming TBA
By Jamie Bennett
and all the hurdles that we’ve had to overcome,” Kersten said. Despite the setbacks caused by the pandemic, the women’s volleyball team said it isn’t dismayed and is prepared for the 2021 season. Middle blocker Haylee Nelson, who was a 2019
STAFF WRITER
The San Jose State women’s volleyball team is ready to play this spring season with a new coaching staff and head coach, Trent Kersten, who is focused on rebuilding the team. “We’re a program that’s going to roll our sleeves up and get it done,” Kersten said over Zoom. “And if we don’t get it done the first day, fine. We’ll get it done at night, too.” The last season of play for women’s volleyball was 2019 when the team finished with a record of (10-19, 5-13 MWC). The 2020 season was postponed to this spring because of the coronavirus pandemic. SJSU was scheduled to begin its season against Boise State at 11 a.m. on Wednesday, but the two-match series was shifted to Thursday and Friday, according to SJSU Athletics. Match 1 will be played on Thursday at Notre Dame de Namur University in Belmont while Match 2 will be played at Spartan Gym in San Jose on Friday. Kersten said SJSU is looking forward to playing Boise State because their team has faced similar challenges to our own team. “I think they’re ready to compete, you know, and we’re just excited to be able to play a match despite the current COVID circumstances
We’re a program that’s going to roll our sleeves up and get it done and if we don’t get it done the first day, fine. We’ll get it done at night, too. Trent Kersten head coach
All-Mountain West honoree, believes the team has improved. “[Kersten] took where we were at and kind of just rolled with it and helped improve each one of our skills as leaders, as people, as volleyball players,” Nelson said over Zoom. “That’s what’s helping us strive to be better, and coming into a season off of a bad season with higher hopes.” Libero Sarah Smevog said 2019 was not the team’s best season. “But now we are moving forward with new coaching staff, new systems, some new girls and so we’re just really excited to move on and prove ourselves this upcoming season,” Smevog said
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over Zoom. Kersten is focusing on the fundamentals of volleyball this season to create a fresh start for players to improve. Smevog, who was recently named to the 2021 Spring Preseason All-Mountain West volleyball team, said focusing on the basics
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is important to form a strong foundation to build upon as a team. “Something that we emphasize in practice a lot is serving and passing and it’s just the fundamentals of volleyball, really,” she said. “If we get good at serving and passing, the rest will just fall into place.” The team believes they are at the best point they can be this season regardless of strict COVID-19 restrictions. “We have to stay in our bubble,” Smevog said. We can’t really visit family, visit friends, visit boyfriends, anything like that.” Nelson said even though some teams have fewer restrictions, SJSU is prepared to face
off against them. “I mean, everyone wishes that they could practice [more], I think in this situation,” Nelson said. “But for us, I think it’s been important that [Kersten] keeps reminding us that [restrictions aren’t] going to stop us.” She believes her team has studied its opponents well even if other teams may have practiced more. “We’ve studied teams on Zoom for the past two weeks, pretty much every night,” Nelson said. “So I think that the aspect of not having enough time to train isn’t something that we’re going to let hold us back.” The 2020 women’s volleyball season is shaping up to be an exciting one. Smevog said she expects her team to exceed all expectations this season. “I think that the quality of our practices and how hard we’ve been working with every practice we’ve had is going to pay off and that just means that we’re going to peak later in the season which is great,” Smevog said.
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Feb. 4 SJSU vs. Boise State 11 a.m. Feb. 5 SJSU vs. Boise State 1 p.m. March 5 SJSU vs. Nevada TBA March 6 SJSU vs. Nevada TBA March 12 SJSU vs. Colorado State TBA March 13 SJSU vs. Colorado State TBA March 25 SJSU vs. New Mexico TBA March 27 SJSU vs. San Diego State TBA
UPCOMING GAME SJSU vs. Boise State Feb. 5 @ 1 p.m.
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